PARENTS’ RIGHTS UNDER THE LAW
As a parent of a child receiving
Special Education services, you have.......
§ The RIGHT to know who, besides yourself, can inspect your child's records and to know all places where information on your child is stored.
§ The RIGHT of interpretation of records on your child and to have a representative of your choosing inspect these records.
§ The RIGHT to have your permission required before anyone, other than officials and agents of the public agency (school district, for example), inspects your child's records.
§The RIGHT to request, when information is no longer needed by the public agency, that it be destroyed, except for very basic information that may be required later, for example, records needed to file for social security benefits, etc.
§The RIGHT to be notified in advance of meetings pertaining to your child, and to expect understandable language presentations in your native tongue at such meetings, and all communications to you in your native tongue.
§ The RIGHT to have your child tested in his/her native language.
§ The RIGHT to an interpreter at meetings when language may be a barrier to understanding.
§ The RIGHT to have an interdisciplinary team evaluate your child.
§The RIGHT to have an annual review of your child’s educational program, and to have educational placement for your child made by a team of people.
§The RIGHT to bring someone of your choice to all meetings to assist you.
§ The RIGHT to have your child educated, whenever and wherever possible, in a program as close as possible to your home.
§The RIGHT to a series of “related” services, which may include such things as transportation, counseling, medical services, etc. which are written into the child's Individualized Education Program (IEP) and are provided free to the child and family.
§The RIGHT to an educational program, tailored to your child’s needs, which includes services such as physical education, recreation, career and vocational education, etc.
§The RIGHT to have your child, where feasible, placed in the “least restrictive environment,” that is, placed with non-disabled children.
§The RIGHT to have your child evaluated by a series of tests, that not only confirm that there is a disability, but explains what the disability is and what can be done to remediate the condition.
§The RIGHT to refer your own child for education, and to challenge any decision made regarding the identification, placement and education of your child.
§ The RIGHT to have tests used with your child that are not racially or culturally discriminating.
§The RIGHT to have, within 30 calendar days after your child has been diagnosed with a disability by the evaluation team, an Individual Education Program (IEP) written for your child.
§The RIGHT to have your child tested in all areas related to the suspected disability, including, where appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities and to have your child re-evaluated every three years.
§The RIGHT to participate in all meetings regarding the development, revision and review of your child's IEP, and to have included in your child's IEP, various alternative placements.
§The RIGHT to AGREE or DISAGREE with ideas concerning educational plans for your child, and to not be limited to services the public agency offers, but the RIGHT to focus on the services your child NEEDS.
§The RIGHT to a fully paid private school placement if it is deemed to be in your child’s best interests.
The rights printed here have been drawn from issues of the Federal Register. They appeared in the Montgomery County (Maryland) Association for Children with Learning Disabilities newsletter. We have been granted permission to copy these rights to be used as a source of help and information to parents.